721.8 Appeals

The student may appeal a decision of the hearings panel to the college President or designee. In a discipline case, the disciplinary sanction is in effect until the appeal is completed.

The following are the only grounds for appeal:

A procedural error or irregularity, which materially affected the decision.

New evidence of substantive nature not previously available at the time of the hearing that would have materially affected the decision.

It is determined that a hearings panel member had a conflict of interest, which materially affected the decision.

Appeals shall be limited to review of the record of the hearing and supporting documents, except as required to explain new evidence that should be considered.

The steps in the appeal process are as follows:

Step 1:

An appeal must be filed within three (3) college business days of receipt of notice of the decision from the hearings panel. If the request is not filed within the prescribed time, it shall be deemed that the student accepts the findings of the hearings panel.

The written appeal will include a written response to the findings and conclusions of the hearings panel and will address the grounds for the appeal.

Step 2:

The President or designee will render a decision and submit a written report of findings to the hearings panel and will notify the student in writing within 10 college business days of receipt of the appeal. The President or designee may decide:

To uphold the original decision; or

To remand the case to the hearings panel for rehearing and decision. The rehearing shall be conducted within ten (10) college business days of receipt of the decision from the President or designee. The hearings panel shall notify the student within three (3) college business days of closing the hearing; or

To remand the case to an ad-hoc hearings panel for decision. In the case where an ad-hoc hearings panel must be convened, the panel shall be comprised of two (2) students, one (1) faculty, one (1) classified staff, one (1) administrator selected by the related representative bodies. The ad-hoc hearings panel shall be conducted within ten (10) college business days of receipt of the decision from the President or designee. The ad-hoc hearings panel shall notify the student within three (3) college business days of closing the hearing.